Alderman v. Chater

40 F. Supp. 2d 367, 1998 U.S. Dist. LEXIS 20938, 1998 WL 960815
CourtDistrict Court, N.D. West Virginia
DecidedSeptember 23, 1998
DocketCivil Action No. 3:97-CV-78
StatusPublished

This text of 40 F. Supp. 2d 367 (Alderman v. Chater) is published on Counsel Stack Legal Research, covering District Court, N.D. West Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Alderman v. Chater, 40 F. Supp. 2d 367, 1998 U.S. Dist. LEXIS 20938, 1998 WL 960815 (N.D.W. Va. 1998).

Opinion

MEMORANDUM AND ORDER

BROADWATER, District Judge.

. This is an action for judicial review of the final administration decision of the Commissioner of Social Security Benefits (“Commissioner”) denying the application of the plaintiff, Alan Alderman (“Aider-man”) for disability insurance benefits (DIB) under the Social Security Act (“Act”), 42 U.S.C. §§ 401-433. This matter is before the Court pursuant to 42 U.S.C. § 405(g).

This case is presently pending awaiting disposition on cross-motions for summary judgment (Documents # 7 and # 8) as presented at a hearing held on June 11, 1998. For the reasons more fully set forth below, the Court GRANTS the plaintiffs motion for summary judgment (Document #8) and DENIES the defendant’s motion for summary judgment (Document # 7).

I. STATEMENT OF THE CASE

Alderman applied for DIB twice, initially on July 19, 1993 (“First Application”), and again on March 21, 1994, alleging disability since March 22, 1993 (“Second Application”) due to constant low back pain and myoclonus which are involuntary body movements. The Social Security Administration (“Administration”) denied both applications at the initial and reconsideration levels. Alderman did not pursue his full administrative remedies on the First Application.

After the Administration denied his Second Application at the initial and reconsideration levels, Alderman requested [369]*369a hearing, which was held before the Administrative Law Judge (“ALJ”) J. Robert Brown on September 22, 1995. Alderman was represented by counsel. At this hearing, Alderman, his wife, Cynthia Aider-man, and Dr. James Ryan, a vocational expert, testified. In a decision dated April 8, 1996, the ALJ found that, while Alderman’s back pain and involuntary body movements would prevent him from performing his past relevant jobs as a heavy equipment operator, constituting medium to heavy labor, Alderman retained the residual functional capacity to perform light labor. The ALJ concluded that Alderman was not disabled within the meaning of the Act because he could perform a limited range of unskilled light work existing in significant numbers in the national economy, consistent with Alderman’s age, education, work background, medically determinable impairments, and resultant functional limitations.

On August 7, 1997, the Appeals Council denied Alderman’s request for review of the ALJ’s decision, making it a final decision. Alderman filed this action seeking judicial review of the Appeal Counsel final decision.

II. STATEMENTS OF THE FACTS

Alderman was born on May 27,1955 and was almost thirty-nine years old as of the onset of disability and forty-years old at the time of the administrative hearing. Although he completed eight grades of school, Alderman can barely read or write. However, he has attained an actual fourth to fifth grade level of learning. From 1979 to 1982, Alderman performed past relevant work as a mill operator, an unskilled, heavy exertional level type of work. From 1982 to 1983, he did heavy exertional level and unskilled work, including farm work that involved throwing bales of hay onto wagons, and other laboring jobs that involved lifting 100 pound bags of rocks. From 1983 to 1992, Alderman performed semi-skilled, medium exertional level work, such as equipment operator in the construction industry. According to the vocational expert, Alderman’s skills are occupationally specific, limited to the operating of heavy equipment, and not readily transferable outside this industry designation.

On August 27, 1985, while at work, Alderman suffered an acute lumbar strain in a bulldozer accident. On June 13, 1986, he underwent back surgery to correct a herniated disc that resulted from his occupational injury. He received physical therapy, pain relievers, and anti-inflammatory medication. The 1986 surgery did not relieve Alderman of the back pain. He continued experiencing back pain after his 1986 back surgery and began experiencing frequent involuntary muscle contractions in 1991. Initially, Alderman’s involuntary muscle contractions involved leg jerks in the left lower extremity, progressing in the late 1992 to involve his whole body. A neurological examination performed on June 11, 1993 indicated that Alderman had simultaneous body contractions in the upper and lower extremities and that such contractions got worse when he was in a sitting position. Alderman was intermittently treated for back pain and involuntary muscle contractions. In 1994, Aider-man was diagnosed with spinal stenosis at L-4-5 and received multiple bilateral nerve root injections.

In addition to his treatment for back pain and involuntary muscle contractions, Alderman underwent psychological examinations. On October 28, 1993, Stephen Townsend, a licensed psychologist, performed an adult personality battery as part of Alderman’s application for disability benefits. During the examinations, Alderman exhibited frequent involuntary muscle contractions. Based on the Wech-sler Adult Intelligence Scale-Revised (WAIS-R) test, Alderman received a verbal IQ of 72, a performance IQ of 82, and a full scale IQ of 76. These scores placed Alderman in the borderline range of intellectual ability. A Minnesota Multiphasic Personality Inventory (MMPI) score indicated that Alderman had a mild depres[370]*370sion. On September 14, 1998, Dr. Bradley Soule, a psychiatrist, diagnosed Alderman with a major depressive disorder of moderate severity.

According to the record, as recently as July 31, 1995, Alderman was receiving medication for back injury, back pain, and involuntary muscle contractions.

III. STANDARD OF REVIEW

In reviewing a final decision of no disability by the Commissioner1, the Court must determine whether the Commissioner’s decision is supported by substantial evidence, per 42 U.S.C. § 405(g), and whether the correct law was applied. Hays v. Sullivan, 907 F.2d 1453 (4th Cir.1990). Substantial evidence is “such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Richardson v. Perales, 402 U.S. 389, 401, 91 S.Ct. 1420, 28 L.Ed.2d 842 (1971) (quoting Consolidated Edison Co. v. NLRB, 305 U.S. 197, 229, 59 S.Ct. 206, 83 L.Ed. 126 (1938)). Elaborating on this definition, the Fourth Circuit has stated that the phrase “supported by substantial evidence” consists of evidence “of more than a mere scintilla of evidence but may be somewhat less than a preponderance.” Hays, 907 F.2d at 1456 (quoting Laws v. Celebrezze, 368 F.2d 640, 642 (4th Cir.1966)).

In reviewing the ALJ’s decision, this Court must also consider whether the ALJ applied the proper standards of law in reaching the decision. As explained in Coffman v.

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Related

Richardson v. Perales
402 U.S. 389 (Supreme Court, 1971)
Coffman v. Bowen
829 F.2d 514 (Fourth Circuit, 1987)
Luckey v. U.S. Department of Health & Human Services
890 F.2d 666 (Fourth Circuit, 1989)

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40 F. Supp. 2d 367, 1998 U.S. Dist. LEXIS 20938, 1998 WL 960815, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alderman-v-chater-wvnd-1998.